Practice question
Before the criminal case, an offended party already instituted a separate action to recover the same civil liability. No consolidation has occurred. Can counsel insist on a Section 16 right to intervene solely on the theory that the same civil action was automatically instituted again?
- No; prior separate institution is an exception to automatic institution
- Yes; the same civil action is automatically duplicated
- Yes; Rule 111 ignores earlier civil cases
- Yes; any retained lawyer becomes public prosecutor
- No; the earlier filing necessarily extinguishes criminal liability
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule110 §§2–4,5 private-crime clauses,10,15–16 and Rule111; read §5 first paragraph with AM02-2-07-SC amendment.
- https://chief.lawphil.net/courts/supreme/am/am_02-2-07-sc_2002.html — A.M. No. 02-2-07-SC, April 10, 2002, effective May 1, 2002 (written authorization and court approval of private prosecution).
- https://www.lawphil.net/judjuris/juri1987/jun1987/gr_l-53373_1987.html — Crespo v Mogul, GRL53373, June30 1987, ENBANC MAIN decision (judicial control after filing).
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